Lawyers for Good Government condemns the Federal Highway Administration (FHWA) for removing its support of climate and equity considerations in its guidance to states on how to spend $466 billion worth of funds from the Bipartisan Infrastructure Law set aside for transportation projects.

On Friday, February 24 after complaints from congressional Republicans, FHWA issued a policy memo that rescinded its previous policy guidance urging states to use highway funding from the Bipartisan Infrastructure Law to combat the climate crisis and advance equitable access to transportation. 

By rescinding this guidance, DOT is allowing states to pursue spending on projects that will worsen carbon emissions and exacerbate the climate crisis, split communities, such as adding new lanes to highways or building new ones. The new guidance means states would not need to prioritize investing transportation funds in new projects that would decrease carbon emissions, such as those for transit, bicycles or pedestrians, or those that would prioritize projects benefiting communities hardest hit by climate change, such as Jackson, Mississippi or New Orleans, Louisiana. 

FHWA’s new policy memo directly undermines the Biden Administration’s previous commitment to climate justice and equity as outlined in Executive Orders 14008, 13985, and 14091  all of which charged the federal government with considering the climate crisis in all actions and advancing equity for communities that have long been underserved to address systemic racism in our Nation's policies and programs. FHWA issued this guidance merely two weeks after the Biden Administration touted its commitment to addressing racial equity in EO 14091.

Moreover, this new policy sets a dangerous precedent for other federal agencies charged with implementing the Bipartisan Infrastructure Law, the Inflation Reduction Act and other laws that allocate up to $2 trillion in climate and infrastructure investments. It is harmful enough that the FHWA is failing to stress the need for states to prioritize climate and equity in their Infrastructure spending, but if other agencies such as the Environmental Protection Agency, Department of Energy, or National Oceanic and Atmospheric Administration follow suit, then states will be free to ignore the climate crises and disadvantaged communities in their spending priorities.  This will have a massive ripple effect as states are the number one recipient of these federal investments.  If the federal government caves to Republican pressure now, this money can, and likely will, be used to exacerbate inequities by following the status quo of splitting communities with new freeways rather than providing public transit opportunities.  Expanded highways compound the climate problem by increasing vehicle traffic and emissions along with noise, light, and odor pollution, all of which negatively impact the surrounding communities that are already dealing with air quality issues.

“For perhaps the first time in history, this Administration has an opportunity to address historic inequities and tackle the climate crisis by ensuring this once-in-a-lifetime federal investment goes where it’s needed most: towards reducing emissions and building equity infrastructure to prevent other water crises like those in Benton Harbor, Michigan and Jackson, Mississippi. But none of this will happen if federal agencies cower to Republican pressure and allow conservative governors to continue to ignore climate change and failing water systems and to expand unnecessary roadways, further dividing communities.  Change will only come if federal agencies create helpful guidance for states to promote funding for climate projects and communities in need. We cannot miss this moment.”

- Jillian Blanchard, Director of L4GG’s Climate Change Program